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U. S. v Rosado-Fernandez
U.S. Ct. App, 1980
Author:- Sam
Biers
Facts: Def Borges introduced DEA Agent to Def Rosado for the purchase of 3 kilos of cocaine. Borges called Rosado and told the agent to return later that evening to meet his supplier. The agent Borges and Rosado met at a restaurant later. At the meeting Rosado stated he had 40 kilos and could fill the order for 3. He made a call, then the agent and Rosado discussed the plans for delivery. The next day the agent and Rosado met at the home of the third Df Garcia where a quantity of cocaine was produced, tested and arrests ensued. A fourth Df threw the cocaine into the swimming pool.
Issue: Whether there is enough evidence to support a conspiracy charge against the Df Borges?
Holding: Yes
Procedure: Trial ct. conviction for Conspiracy to possess with intent to distribute. Affirmed.
Rule: Drug conspiracy statute only an agreement to commit an offense, with knowledge of the conspiracy, and must intend to join or associate himself with the objectives of the conspiracy. A common purpose or plan may be inferred from a pattern of circumstantial evidence.
Ct Rationale: At trial the facts established a conspiracy between Borges and Rosado agreed to sell the agent cocaine. They agreed to commit an offense against the U.S. Borges was the organizer. The individual actors need not know each other or be privy to the details of each enterprise comprising the conspiracy as long as the evidence is sufficient to show that each Df possessed full knowledge of the general purpose and scope. Borges knew the agent wanted cocaine, Rosado would obtain the cocaine and sell it to the agent. The fact that Rosado obtained cocaine froma source not orginally contemplated by Borges does not exonerate him.
PL A: Participation in an ongoing criminal conspiracy initially by one actor is association and knowledge of the whole conspiracy whether privy to every detail afterward.
Def A: The final transaction was a separate conspiracy for the sale of cocaine and Borges had no part in that overt act.